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BenefitsLink Message Boards > Employee Benefits in General > Small Businesses (issues unique to)
Bobclp
I am starting a small business and haven't decided between LLC, S-Corp, etc. I may have a couple employees besides myself, or may use independent contractors. Does my choice of entity effect what type of retirement plans I can choose from - 401k, Simple etc?
Larry M
[I am not an attorney - the following is my lay opinion.]

Generally, the answer is "no".

Most of these qualified plans are available to you regardless of the form of the company. There are some distinctions due to the form of the company which do appear.

These involve such items as the ability to make loans, and the definition of compensation (if you have no "earned income", any contribution based upon earned income would be zero).

Decisions such as type of entity are probably best addressed in discussions with your accountant and tax attorney...and there are many aspects (administrative, state laws, local business fees and taxes, liability, etc) other than qualified retirement plans which come into play.
TheMBDC
Go to www.thembdc.com. The services there may guide you in the right direction. The company is designed to assist small business owner, like you, in many of their needs.
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